Provisional Remedy Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Provisional Remedy, written in plain English, along with examples of how it is used.

What is Provisional Remedy?

It refers to a temporary order passed by the judge or any judicial officer to maintain the present staus of the case as it is, till he/she finally gives a verdict to the case. This is done so that neither party can cause any damage to each other while awaiting the final verdict.

History and Meaning of Provisional Remedy

Provisional remedy refers to an order issued by a court or judicial officer that provides temporary relief until the final decision is made in a legal case. The use of provisional remedies can be traced back to the Roman times where similar orders were issued to prevent damages. The provision of provisional remedies has since become an important part of modern legal systems, providing temporary relief to parties involved in legal disputes.

The primary purpose of a provisional remedy is to maintain the status quo of a case until a final decision is reached. This ensures that neither party involved in the dispute is disadvantaged while awaiting the final verdict. Provisional remedies can be issued in a variety of legal cases, including those related to property disputes, contract breaches, and personal injury claims.

Examples of Provisional Remedy

  1. In a property dispute case, the court may issue a provisional remedy that prevents the defendant from selling or transferring the property until the final decision is made.

  2. In a personal injury case, the court may order the defendant to pay for the plaintiff’s medical expenses until the final verdict is given.

  3. In a breach of contract case, the court may issue a provisional remedy that prevents the defendant from taking any actions that may cause further breach of the contract until the final verdict is given.

Legal Terms Similar to Provisional Remedy

  1. Injunction: A legal order issued by a court that prevents a party from taking a certain action.

  2. Attachment: A court-ordered seizure of property to prevent its disposal during legal proceedings.

  3. Garnishment: A legal procedure in which a person’s assets are seized in order to pay off a debt or other legal obligation.